1-1     By:  Naishtat (Senate Sponsor - Moncrief)             H.B. No. 2618

 1-2           (In the Senate - Received from the House May 12, 1997;

 1-3     May 13, 1997, read first time and referred to Committee on Health

 1-4     and Human Services; May 16, 1997, reported favorably by the

 1-5     following vote:  Yeas 10, Nays 0; May 16, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to disciplinary proceedings and investigation of a

 1-9     complaint against a social worker.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Section 50.021, Human Resources Code, is amended

1-12     by amending Subsection (a) and adding Subsection (c) to read as

1-13     follows:

1-14           (a)  The board shall deny, revoke, [or] suspend, or suspend

1-15     on an emergency basis a license or order of recognition,  place on

1-16     probation a person whose license or order of recognition has been

1-17     suspended, or reprimand a person with a license or order of

1-18     recognition for any of the following reasons:

1-19                 (1)  violating a provision of this chapter or a rule of

1-20     the board;

1-21                 (2)  circumventing or attempting to circumvent this

1-22     chapter or a rule of the board;

1-23                 (3)  participating, directly or indirectly, in a plan,

1-24     scheme, or arrangement attempting or having as its purpose the

1-25     evasion of this chapter or a rule of the board;

1-26                 (4)  engaging in unethical conduct;

1-27                 (5)  engaging in conduct which discredits or tends to

1-28     discredit the profession of social work;

1-29                 (6)  performing an act, allowing an omission, or making

1-30     an assertion or representation that is fraudulent, deceitful, or

1-31     misleading or that in any manner tends to create a misleading

1-32     impression;

1-33                 (7)  knowingly associating with or permitting or

1-34     allowing the use of any licensed person's professional services or

1-35     professional identification in a project or enterprise that the

1-36     person knows or with the exercise of reasonable diligence should

1-37     know is a practice that violates this chapter or a rule of the

1-38     board pertaining to the practice of social work;

1-39                 (8)  knowingly associating with or permitting the use

1-40     of a licensed person's name, professional services, professional

1-41     identification, or endorsement in connection with a venture or

1-42     enterprise that the person knows or with the exercise of reasonable

1-43     diligence should know is a trade, business, or professional

1-44     practice of a fraudulent, deceitful, misleading, or dishonest

1-45     nature;

1-46                 (9)  revealing, directly or indirectly, or causing to

1-47     be revealed a confidential communication transmitted to the

1-48     licensed person by a client or recipient of his services except as

1-49     may be required by law;

1-50                 (10)  having a certificate or a license to practice

1-51     social work in another jurisdiction denied, suspended, or revoked

1-52     for reasons or causes the board finds would constitute a violation

1-53     of this chapter or a rule pertaining to the practice of social work

1-54     adopted by the board;

1-55                 (11)  having been convicted of a felony in an American

1-56     jurisdiction;

1-57                 (12)  refusing to do or perform any act or service for

1-58     which the person is licensed under this chapter solely on the basis

1-59     of the recipient's age, sex, race, religion, national origin,

1-60     color, or political affiliation;  or

1-61                 (13)  committing an act for which liability exists

1-62     under Chapter 81, Civil Practice and Remedies Code.

1-63           (c)  If the board suspends a license or order of recognition

1-64     on an emergency basis, the suspension is effective immediately.

 2-1     The board shall provide an opportunity for a hearing to be held not

 2-2     later than the 20th day after the date of the emergency suspension.

 2-3           SECTION 2.  Section 50.022, Human Resources Code, is amended

 2-4     to read as follows:

 2-5           Sec. 50.022.  DISCIPLINARY PROCEEDINGS.  (a)  A proceeding

 2-6     under Section 50.021 begins when a charge is filed with the

 2-7     department and referred to the board in writing and under oath.

 2-8     The charge may be made by any person.

 2-9           (b)  A person is entitled to notice and a hearing before the

2-10     State Office of Administrative Hearings before a sanction is

2-11     imposed under Section 50.021.

2-12           (c)  Disciplinary proceedings and the appeals from the

2-13     proceedings are governed by Chapter 2001, Government Code.  The

2-14     board by rule shall adopt a broad schedule of sanctions for

2-15     violations under this chapter.  The State Office of Administrative

2-16     Hearings shall use the schedule for any sanction imposed as the

2-17     result of a hearing conducted by that office.

2-18           (d)  A person whose license or order of recognition has

2-19     expired and who is found by the board to have violated this chapter

2-20     or a rule adopted under this chapter during the time the license or

2-21     order of recognition was unexpired is subject to a sanction under

2-22     this chapter.  Subsections (b) and (c) apply to a proceeding

2-23     against a person under this subsection.

2-24           SECTION 3.  Section 50.0222, Human Resources Code, is amended

2-25     by adding Subsection (d) to read as follows:

2-26           (d)  The board may conduct an investigation of a complaint

2-27     and reach a decision as to the validity of the complaint regardless

2-28     of the status of the license or order of recognition of the person

2-29     against whom the complaint is issued.

2-30           SECTION 4.  (a)  This Act takes effect September 1, 1997.

2-31           (b)  The Texas State Board of Social Worker Examiners shall

2-32     adopt rules for the emergency suspension of a social worker's

2-33     license or order of recognition under Section 50.021(a), Human

2-34     Resources Code, as amended by this Act, not later than December 1,

2-35     1997.

2-36           SECTION 5.  The importance of this legislation and the

2-37     crowded condition of the calendars in both houses create an

2-38     emergency and an imperative public necessity that the

2-39     constitutional rule requiring bills to be read on three several

2-40     days in each house be suspended, and this rule is hereby suspended.

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